Supervisors call for more review of Marin creekside regulations

In what one official worried could become a fish story without an end, Marin County supervisors sent hotly contested creekside land regulations back to the drawing board Tuesday.

Officials said the regulatory net fashioned by planners was flawed by planning policies it sought to enact.

Agreeing with a procedure advocated by Supervisor Steve Kinsey, a committee of officials will work with planning staffers to come up with a plan that meets the needs of property owners as well as aquatic life.

Board president Judy Arnold appointed Supervisor Kate Sears to work with Kinsey and planning staff to come up with a new program involving review of changing countywide plan policies and accommodating concerns of property owners while nurturing aquatic habitat.

The committee will consider seeking an interim plan that enables lifting a building ban in the San Geronimo Valley while also easing policies requiring setbacks near creeks as well as "ephemeral" streams that exist only after rainstorms. Officials cited concerns about not knowing where all such temporary streams are located.

In addition, officials seemed inclined to dump a "one size fits all" program applying to properties across the county's unincorporated areas, and instead study plans or stipulations customized for individual watersheds.

The board did not vote but was in unanimous agreement after four hours of review including testimony from 39 speakers, many of whom condemned an ordinance proposed by planners. It was the second time in two years that top officials have punted creekside regulations amid a community furor, with a tough tree and brush law scrapped two years ago.

"I don't want to see this turn into a never-ending story," said Supervisor Susan Adams.

"Eventually we're going to send this to the Planning Commission," Arnold said.

Supervisor Katie Rice said language of the county plan was too "prescriptive," compelling results that were unpalatable.

"There are different approaches to this issue our own staff was not able to take advantage of because of the language of the countywide plan," agreed Supervisor Sears. "All parts of our county obviously differ," she said. "To me, this is a little bit of the cart before the horse problem."

Kinsey, expressing gratitude to the crowd for a passionate debate that remained civil, said the county is committed to protecting the watershed, and has spent more than $7 million on fish restoration projects, sediment control and related habitat programs. But language in the county plan resulted in an ambiguous ordinance that treated property owners unfairly. "It should be clear as to what is expected and how to get there," he said.

Adams noted that "one size doesn't fit all" and officials should consider "regional watershed needs." Arnold also called for review of rules "on a watershed basis."

The ordinance as proposed would apply to more than 3,000 creekside properties across the county's unincorporated areas, including creeks without any fish.

The plan spells out rules for building, or altering the landscape, near creek banks and establishes exemption, site review and special permit procedures. Restrictions vary according to proximity to creek banks, vegetation growth and city or rural locale. In rural areas, it requires setbacks of 100 feet regardless of lot size, jeopardizing use of small lots.

A parade of groups, activists and homeowners lined up to recite familiar views.

The Salmon Protection and Watershed Network called the ordinance too weak. The San Geronimo Valley Stewards and Sleepy Hollow Homeowners Association called it too tough. The San Geronimo Valley Planning Group and Marin Audubon Society urged adoption of the plan, while the Marin Association of Realtors and Marin Builders Association urged its rejection. Property owners called the plan a land grab that would curb property values.

One man urged the crowd to organize "a lot of lawsuits" if the measure was enacted. "Sue! Sue! Sue!" he declared.

Supervisors lauded staff efforts but said more work is needed.

Community development chief Brian Crawford, who had urged the board to approve the creekside ordinance, didn't have much to say as officials called for another round of staff work and commission meetings.